The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Health and Human Services
BILL: CS/SB 738
INTRODUCER: Children, Families, and Elder Affairs Committee and Senator Burton
SUBJECT: Child Care and Early Learning Providers
DATE: March 25, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rao Tuszynski CF Fav/CS
2. Sneed McKnight AHS Pre-meeting
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 738 directs the Department of Children and Families (DCF) to create minimum standards
for the licensure of child care facilities and revises several requirements. Specifically, the bill:
• Directs the DCF to codify classification levels for violations relating to the health and safety
of a child.
• Provides for a 45-day provisional-hire status upon a delayed background screening of child
care personnel.
• Adjusts training requirements relating to the introductory course child care personnel must
take and cardiopulmonary resuscitation training.
• Limits periodic health examinations to child care facility drivers.
• Removes language that requires facilities to provide parents with pagers or beepers during
drop-in child care.
• Removes the requirement for child care facilities to provide parents with information about
the influenza virus and the dangers of a distracted adult leaving a child in a vehicle.
• Removes the requirement for child care facilities to develop a program to assist in preventing
and avoiding physical and mental abuse.
• Removes the requirement for the DCF to develop standards for specialized child care
facilities for the care of mildly ill children.
The bill allows child care facilities, family day care homes, and large family child care homes to
receive abbreviated inspections, upon meeting certain conditions.
REVISED: BILL: CS/SB 738 Page 2
The bill requires the county commissions of those counties that elect to license their own child
care facilities to annually affirm this decision through a majority vote to designate a local
licensing agency.
The bill exempts preschools from special assessments levied by municipalities. Further, the bill
provides an exemption from licensing, except for the screening of personnel, for a child care
facility that solely provides child care to certain eligible children.
The bill exempts from licensure child care facilities and family day care homes certified as a
child care facility by the U.S. Department of Defense or the U.S. Coast Guard.
The bill has an indeterminate, but significant negative fiscal impact on state and local
government revenues and expenditures. See Section V., Fiscal Impact Statement.
The bill takes effect July 1, 2025.
II. Present Situation:
The present situation is presented in Section III under the Effect of Proposed Changes.
III. Effect of Proposed Changes:
Child Care Program Licensure
The Florida Department of Children and Families (DCF) provides licensing requirements for
child care programs in the state.
1
The program is accountable for the statewide licensure of
Florida’s child care facilities
2
, specialized child care facilities for the care of mildly ill children
3
,
large family child care homes
4
and licensure or registration of family day care homes.
5
The
purpose of the program is to ensure a healthy and safe environment for the children in child care
1
Florida Department of Children and Families, About Child Care Licensure, available at:
https://www.myflfamilies.com/services/child-family/child-care/about-child-care-
licensure#:~:text=The%20program%20is%20accountable%20for%20the%20statewide%20licensure,licensure%20or%20regi
stration%20of%20family%20day%20care%20homes. (last visited 3/4/25).
2
Section 402.302(2), F.S. defines a “child care facility” as any child care center or child care arrangement which provides
child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the
children receiving care, wherever operated, and whether or not operated for profit. Certain entities are excluded from the
definition of a child care facility. See Section 402.302(2), F.S.
3
The term “Specialized Child Care Facilities for the Care for Mildly Ill Children” refers to a child care facility that provides
child care for more than five mildly ill children unrelated to the operator, and receives a payment, fee, or grant for any of the
children receiving care. Specialized child care facilities may provide care for mildly ill children in a facility specialized for
this purpose or as a component of other child care services offered in a distinct and separate part of a regularly licensed child
care facility. See 65C-25.001, F.A.C.
4
A “large family child care home” must have operated as a licensed family day care home for 2 years, with an operator who
has had a child development associate credential or its equivalent for 1 year, before seeking licensure as a large family child
care home. See Section 402.302(11), F.S.
5
A “family day care home” regularly provides child care for children from at least two unrelated families and receives a
payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Family day care homes are
restricted in the number of children it can provide child care to, based on the ages of the group of children in the family day
care home. See Section 402.302(8), F.S. BILL: CS/SB 738 Page 3
settings and to improve the quality of their care. The DCF ensures that licensing requirements are
met through on-going inspections of child care facilities and homes.
6
Local Licensing Agencies
Present Situation
Florida law allows any county whose licensing standards meet or exceed the state minimum
standards to designate a local licensing agency to license child care facilities, rather than the
DCF licensure.
7
Counties that do not choose to administer their own child care licensing
programs are licensed by the DCF.
8
Currently, the DCF child care licensing staff are responsible
for the inspection and licensure of child care facilities and homes in 63 out of 67 counties.
9
Local
licensing agencies regulate child care programs in the following four counties: Broward, Palm
Beach, Pinellas, and Sarasota.
10
The following table displays the number of providers the DCF and local licensing agencies
regulate:
11
Statewide Child Care Facility Licensure
as of January 2025
DCF
Local Licensing
Agency Statewide
Facilities 7,697 1,820 9,517
Family Day Care Homes 1,601 433 2,034
Large Family Child Care Homes 330 78 408
Mildly Ill Facilities 1 0 1
Total 9,629 2,331 11,960
Effect of the Proposed Language
The bill amends s. 402.306, F.S., to require a county commission that has designated a local
licensing agency to annually affirm that designation by majority vote.
6
A “family day care home” regularly provides child care for children from at least two unrelated families and receives a
payment, fee, or grant for any of the children receiving care, whether or not operated for profit. Family day care homes are
restricted in the number of children it can provide child care to, based on the ages of the group of children in the family day
care home. See Section 402.302(8), F.S.
7
Section 402.306, F.S.
8
Florida Department of Children and Families, About Child Care Licensure, available at:
https://www.myflfamilies.com/services/child-family/child-care/about-child-care-
licensure#:~:text=The%20program%20is%20accountable%20for%20the%20statewide%20licensure,licensure%20or%20regi
stration%20of%20family%20day%20care%20homes. (last visited 3/4/25).
9
Florida Department of Children and Families, About Child Care Licensure, available at:
https://www.myflfamilies.com/services/child-family/child-care/about-child-care-
licensure#:~:text=The%20program%20is%20accountable%20for%20the%20statewide%20licensure,licensure%20or%20regi
stration%20of%20family%20day%20care%20homes. (last visited 3/4/25).
10
Florida Department of Children and Families, Senate Bill 738 Agency Analysis, p. 2 (Mar. 5, 2025) (on file with the
Children, Families, and Elder Affairs Committee).
11
Id., p. 3. BILL: CS/SB 738 Page 4
State Minimum Standards for Child Care Facilities
Present Situation
Current law requires minimum standards for child care personnel that include minimum
requirements as to:
12
• Good moral character based on level 2 background screening.
• Fingerprint submission.
• Exemptions from disqualification from working with children or the developmentally
disabled.
• Minimum age requirements.
• Minimum training requirements. Periodic health examinations.
• Credentials for child care facility directors.
Background Screening
The DCF establishes minimum standards for child care personnel that include minimum
requirements for good moral character based upon background screening.
13
This screening must
be conducted using the level 2 standards for screening which include employment history
checks, a search of criminal history records, sexual predator and sexual offender registries, and
the child abuse and neglect registry of any state in which the current or prospective child care
personnel resided during the preceding five years.
14
A level 2 background screening is a multi-agency effort and includes the Florida Department of
Law Enforcement and the Federal Bureau of Investigation.
15
While background screenings
typically take a few business days, the request for additional out-of-state documents, incomplete
information, or variations in agency processing times may delay the process of the background
screening and delay employment of child care personnel.
16
Training
The DCF also establishes minimum training requirements for child care personnel. The DCF has
adopted the Child Care Facility Handbook to describe these requirements in detail.
17
Child care
personnel must successfully complete 40 hours of child care training and pass competency
examinations offered by the DCF.
18
This training must commence within 90 days of
employment, and be completed within one year after the date on which the training began.
19
The
training courses cover the following topic areas:
20
12
Section 402.305, F.S.
13
Section 402.302(15), F.S.
14
Section 402.305(2), F.S.
15
Upon the initiation of a background screening, fingerprints are sent to the Florida Department of Law Enforcement (FDLE)
and the Federal Bureau of Investigations (FBI). Results from FDLE and the FBI are typically available within 24 to 48 hours;
however, FDLE standards require results within 72 hours. See Florida Department of Children and Families, Senate Bill 738
Analysis, p. 6 (Mar. 5, 2025) (on file with the Children, Families, and Elder Affairs Committee).
16
Id.
17
Florida Department of Children and Families, Child Care Facility Handbook, October 2021, available at:
https://www.myflfamilies.com/sites/default/files/2022-12/FacilityHandbook_0.pdf (last visited 3/5/25).
18
Id.
19
Section 402.305(2), F.S.
20
Section 402.305(2), F.S. BILL: CS/SB 738 Page 5
• State and local rules and regulations which govern child care.
• Health, safety, and nutrition.
• Identifying and reporting child abuse and neglect.
• Child development, including typical and atypical language, cognitive, motor, social, and
self-help skills development.
• Observation of developmental behaviors, including using a checklist or other similar
observation tools and techniques to determine the child’s developmental age level.
• Specialized areas, including computer technology for professional and classroom use and
early literacy and language development of children from birth to five years of age, as
determined by the DCF, for owner-operators and child care personnel of a child care facility.
• Developmental disabilities, including autism spectrum disorder and Down syndrome, and
early identification, use of available state and local resources, classroom integration, and
positive behavioral supports for children with developmental disabilities.
Minimum Licensing Standards
Florida law has extensive licensing requirements for child care facilities that address the health,
sanitation, safety, and adequate physical surroundings for all children in child care; the health
and nutrition of all children in child care; and the child development needs of all children in child
care.
21
Sanitation and Safety
Current law includes minimum standards for sanitary and safety conditions that include
cardiopulmonary resuscitation (CPR). At least one staff person trained in CPR must be present at
all times the children are present.
22
There must be current documentation of course completion to
be in compliance with Florida law.
23
Additionally, minimum safety standards require a parent whose child is in drop-in child care to
receive a communications system such as a pager or beeper to ensure the child can be
immediately returned to the parent.
24
Information
Each year, child care facilities must provide parents of children enrolled in the facility detailed
information regarding:
25
• The causes, symptoms, and transmission of the influenza virus and the importance of
immunizing their children.
• The potential for a distracted adult to fail to drop off a child at the facility and instead leave
the child in the adult’s vehicle upon arrival at the adult’s destination.
21
Section 402.305(1), F.S.
22
Section 402.305(7), F.S.
23
Id.
24
Drop-in child care refers to child care provided occasionally in a child care facility in a shopping mall or business
establishment where a child is in care for no more than a 4-hour period and the parent remains on the premises of the
shopping mall or business establishment at all times. See Section 402.302(6), F.S.
25
Section 402.305(9), F.S. BILL: CS/SB 738 Page 6
Written Plans
Each child care facility is required to implement a written plan for the daily provision of varied
activities and active and quiet play opportunities appropriate to the age of the child.
26
Specialized Facilities for Mildly Ill Children
The DCF oversees and implements minimum standards for specialized child care facilities for
the care of mildly ill children.
27
The term mildly ill children refers to children with short term
illness or symptoms of an illness or disability, provided either as an exclusive service in a center
specialized for this purpose, or as a component of other child care services offered in a regularly
licensed child care facility.
28
The DCF requires child care facilities to have one licensed health
caregiver, at a minimum, that physically assesses the child; provides ongoing daily oversight;
makes decisions on the exclusion of an ineligible child; and be present at the facility at all times
during the hours of operation.
29
Violations
If a child care facility is in noncompliance with licensing standards, Florida law allows the DCF
to administer disciplinary sanctions for violations.
30
The DCF utilizes three classification levels
for violations of licensing standards.
31
• Class 1 violations are the most serious in nature, pose an imminent threat to a child include
abuse or neglect and which could or does result in death or serious harm to the health, safety,
and well-being of a child.
• Class 2 violations are less serious in nature than Class 1 violations and could be anticipated
to pose a threat to the health, safety, or well-being of a child, although the threat is not
imminent.
• Class 3 violations are less serious in nature than Class 1 or Class 2 violations and pose a low
potential for harm to children.
The following table shows the number of violations recorded in Fiscal Year 2023-24.
32
Violations in Fiscal Year 2023-24
Classification Number of Violations
Class 1 145
Class 2 3,908
Class 3 12,352
Total 16,405
26
Section 402.305(13), F.S.
27
Section 402.305(17), F.S.
28
Florida Department of Children and Families, Senate Bill 738 Analysis, p. 6 (Mar. 5, 2025) (on file with the Children,
Families, and Elder Affairs Committee).
29
65C-25.002, F.A.C.
30
Section 402.310, F.S.
31
Florida Department of Children and Families, Senate Bill 738 Analysis, p. 3 (Mar. 5, 2025) (on file with the Children,
Families, and Elder Affairs Committee).
32
Id. BILL: CS/SB 738 Page 7
A majority (75%) of the violations recorded in FY 2023-24 were classified as Class 3 violations.
Specifically, 803 programs accumulated over five Class 3 violations during the fiscal year.
33
Effect of Proposed Changes
The bill amends s. 402.305, F.S., to modify the minimum licensing standards child care facilities
must follow. Specifically, the bill:
• Allows the Department of Children and Families (DCF) to create up to three classification
levels of violations of licensing standards that relate to the health and safety of a child. The
bill clarifies a class three violation as the least serious in nature and must be the same
incident of noncompliance that occurs at least three times within a two year period.
• Requires the DCF to complete the background screening for child care personnel and provide
the results to the child care facility within three business days from the receipt of the criminal
history records check.
o Upon failure to do so, the bill requires the DCF to issue the current or prospective child
care personnel a 45-day provisional-hire status while all information is being requested
and the DCF is awaiting results, unless the DCF believes a disqualifying factor may exist.
o During the 45-day period, the current or prospective child care personnel must be under
the direct supervision of a screened and trained staff member when in contact with
children.
• Requires the 40-clock-hour introductory course in child care that must be taken by child care
personnel to cover specified topics areas.
• Removes the requirement for the introductory course in child care to stress an
interdisciplinary approach to the study of children.
• Limits periodic health examinations to child care facility drivers.
• Requires that the required training in cardiopulmonary resuscitation (CPR) must be in-person
training.
• Removes language that requires facilities that provide drop-in child care to provide pagers or
beepers to parents.
• Removes the requirement for child care facilities to provide parents with information about
the influenza virus and the influenza vaccine during the months of August and September.
• Removes the requirement for child care facilities to provide parents with information on the
dangers of a distracted adult leaving a child in a vehicle, and resources for avoiding this
occurrence, during the months of April and September.
• Removes the requirement for a program to be implemented periodically by a child care
facility to assist in preventing and avoiding physical and mental abuse.
• Removes a requirement for the DCF in conjunction with the Department of Health to develop
standards for specialized child care facilities for the care of mildly ill children.
33
Florida Department of Children and Families, Senate Bill 738 Analysis, p. 3 (Mar. 5, 2025) (on file with the Children,
Families, and Elder Affairs Committee).
BILL: CS/SB 738 Page 8
Child Care Personnel Training and Testing
Present Situation
Coursework Requirements
Child care personnel must complete specific mandatory introductory training. Training
requirements and time frames for training completions vary for the different types of providers.
Provider types subject to mandatory training include:
• Child Care Facilities: 40 hours introductory training as shown through passing competency
exams. The individual must start training within 90 days after employment and complete
within 15 months.
• Family Day Care Homes: 30 hours introductory training as shown through passing
competency exams for operators and substitutes working 40 hours or more per month. Must
be completed prior to licensure.
• Large Family Child Care Homes: 30 hours of introductory training as shown through passing
competency exams for operators. Must be completed prior to licensure.
• Registered Family Day Care Homes: 30 hours introductory training as shown by proof of
completion. It must be completed prior to registration.
Mandatory training courses are currently offered online and in-person. Employees are
responsible for payment. Each online course costs $10.00, while instructor-led courses typically
range from $1.00 to $10.00 per instructional-hour.
The completion of mandatory training is shown through passing competency exams for each
course taken. The Department contracts with 13 Training Coordinating Agencies (TCAs) to
administer and coordinate in-person courses and exams throughout the state’s 67 counties. The
training fee is paid through the Department’s training system and passed through to the
appropriate TCA. In addition to the training fees, TCAs are paid through Department contracts to
support the cost of administration of training and examinations. The combined annual total of the
13 TCA contracts is $838,062.00. TCAs are located at some state colleges/universities, within
some county school districts, or are private providers:
Provider
Annual Contract
Amount
Early Education and Care, Inc. $134,956.50
Florida State College at Jacksonville $27,500.00
Daytona State College $89,448.50
Community Coordinated Care for
Children, Inc.
$37,686.00
Child Care of Southwest Florida $39,794.00
Palm Beach State College $61,683.00
Nova Southeastern University $65,239.00
Miami Dade College $99,115.00
Childhood Development Services, Inc. $38,725.00
Polk State College $52,249.00 BILL: CS/SB 738 Page 9
Indian River State College $42,410.00
Hillsborough County School Board $80,891.00
Pinellas County School Board $68,365.00
Total $838,062.00
TCAs are responsible for entering and maintaining data in the Child Care Training Application
(CCTA) relating to child care training courses and exams, maintaining all pertinent
documentation related to their contracts and ensuring proper registration for student coursework.
Each exam costs $1.00 per training hour of the corresponding course; the student is responsible
for paying the cost of the coursework, although some employers may pay or reimburse this cost.
In FY 2023-24, TCAs collected $3,038,070 in coursework fees from child care personnel
seeking certification.
The DCF currently coordinates with 13 Training Coordinating Agencies (TCAs) to administer
and coordinate in-person coursework and in-person exams. The total amount of the 13 TCA
contracts is $838,062 and the breakdown of these contracts is listed in the analysis.
In addition to the funding the TCAs receive through their contract, they also receive $1 per hour
for online coursework. They also charge fees for the exams. The bill requires that the online
coursework now be free.
The DCF anticipates that if the TCAs can no longer collect this money, the TCAs will need more
funding from DCF to offset this loss. The TCA contracts are currently in the process of being
renewed for an execution date of July 1, 2025.
Child Care Personnel Exam
Currently the only option for the competency exams is in person. The TCAs are responsible for
scheduling and administering these in-person exams.
Effect of Proposed Changes
The bill amends s. 402.305, F.S. to require the DCF to provide online training coursework and
testing at no cost to child care personnel. Additionally, the bill will now require that the DCF
offer online exams.
Abbreviated Inspections for Child Care Facilities
Present Situation
The DCF and local licensing agencies are tasked with eliminating duplicative and unnecessary
inspections of child care facilities.
34
Child care facilities that have had no Class 1 or Class 2 deficiencies for at least two consecutive
years are eligible to receive an abbreviated inspection, rather than a full routine inspection.
35
34
Section 402.3115, F.S.
35
Section 402.3115, F.S.; and Florida Department of Children and Families, Senate Bill 738 Analysis, p. 6 (Mar. 5, 2025) (on
file with the Children, Families, and Elder Affairs Committee). BILL: CS/SB 738 Page 10
Abbreviated inspections include elements identified by the DCF and local licensing agency that
ensure a child care facility continues to provide quality care and programming.
36
In 2022, the DCF expanded the providers eligible for abbreviated inspections to include family
day care homes and large family child care homes that meet the following criteria:
37
• Have been licensed for at least two consecutive years.
• Have had no Class 1 or Class 2 violations for at least two consecutive years.
• Have received at least two full onsite renewals in the most recent two years.
• Have no current uncorrected violations.
• Have no open regulatory or active child protective services investigations.
The following table shows the number of inspections that were abbreviated in Fiscal Year 2023-
24.
38
Abbreviated Inspections of Child Care Facilities FY 2023-24
Total Inspections Statewide 33,717
Abbreviated Inspections 2,044
Effect of Proposed Changes
The bill amends s. 402.3115, F.S., to allow child care facilities, family day care homes, and large
family child care homes to receive an abbreviated inspection upon meeting all of the following
conditions:
• Have been licensed for at least two consecutive years.
• Have not had a Class 1 deficiency for at least two consecutive years.
• Have not had more than three of the same Class 2 deficiencies for at least two consecutive
years.
• Have received at least two full onsite renewal inspections in the most recent two years.
• Do not have any current uncorrected violations.
• Do not have any open regulatory complaints or active child protective services
investigations.
The bill removes local governmental agencies’ ability to identify elements included in the
abbreviated inspection and leaves the responsibility solely to the DCF.
The bill requires the DCF to review and update the elements included in the abbreviated
inspection every five years and revise the overall plan as necessary.
36
Id.
37
Florida Department of Children and Families, Senate Bill 738 Analysis, p. 6 (Mar. 5, 2025) (on file with the Children,
Families, and Elder Affairs Committee).
38
Id., p. 7. BILL: CS/SB 738 Page 11
Child Care Licensure Exemptions
Present Situation
Florida exempts child care facilities that are an integral part of a church or parochial school
which is accredited by, or is a member of, an organization that publishes and requires
compliance with its standards for health, safety, and sanitation from the child care licensure
requirements.
39
However, child care facilities that are exempt from licensure must meet the child
care personnel background screening requirements.
40
If the child care facility desires licensure
by the DCF, the facility must notify the DCF to obtain a license.
41
Once licensed by the DCF, the
facility cannot withdraw its licensure and continue to operate.
42
Any county or city with state or local child care licensing programs that were in existence on
July 1, 1974, are authorized to continue to license the child care facilities covered under such
programs until and unless the licensing agency makes the determination to exempt the child care
facility from licensure.
43
The Department of Defense (DoD) provides military families with access to quality, affordable
Child Development Programs (CDPs) with the intention of improving the efficiency and
retention of servicemembers.
44
The DoD is the country’s largest employer-sponsored child care
program.
45
CDPs provide access and referral to available and affordable quality programs and services that
meet the basic needs of children from birth through 12 years of age, in a safe, healthy, and
nurturing environment.
46
The Department of Defense certifies four types of child care programs to provide care to children
of military families.
47
The following table displays the programs the DoD provides.
48
39
Section 402.316, F.S.
40
Id.
41
Section 402.316(3), F.S.
42
Id.
43
Section 402.316, F.S.
44
Department of Defense, Report to the Congressional Defense Committees on Department of Defense Child Development
Programs 2020, available at: https://securefamiliesinitiative.org/wp-content/uploads/2021/04/Report-on-DoD-Child-
Development-Programs-June-2020.pdf (last visited 3/10/25).
45
Id.
46
DoDI6060.02
47
Military OneSource, Military Child Care Programs, available at: https://www.militaryonesource.mil/benefits/military-
child-care-programs/ (last visited 3/10/25).
48
DoDI6060.02, available at: https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/606002p.pdf (last visited
3/10/25). BILL: CS/SB 738 Page 12
Department of Defense Sanctioned Child Care Programs
Child
Development
Centers
Located on military installations to offer care for infants through
preschool age children.
Provides full-day and part-day care Monday-Friday during standard work
hours.
Varies in size.
Has the DoD certification and accreditation from a national accrediting
body such as the National Association for the Education of Young
Children.
Family Child
Care
Provides child care for infants through school-age children in their homes,
either on or off a military installation.
Offers a flexible schedule including full-day, part-day, and school year
care, summer camp, hourly care, and in some cases, 24/7 and extended
care.
Limited to no more than six children under eight years of age, and no
more than three children under two years of age.
Certified by the military installation, but individual providers may
voluntarily seek national accreditation.
School-age Care Provides care to children in kindergarten through sixth grade in DoD
youth centers, child development centers, or other facilities.
Provides care before and after school, during non-school days and
summer vacations.
DoD certified and accredited by a national accrediting body.
Supplemental
Child Care
Provides short-term alternative child care options in settings located on
and off military installations.
There are over 460 child development centers nationwide.
49
In Federal Fiscal Year 2019, over
200,000 children were served in a child development program.
50
Programs that provide child care must meet specific criteria to obtain a DoD Certificate to
Operate.
51
The criteria included in the Certificate to Operate follow general programmatic areas
49
Military Installations, Programs and Services Contacts Child Development Centers, available at:
https://installations.militaryonesource.mil/search?program-service=29/view-by=ALL (last visited 3/10/25).
50
Department of Defense, Report to the Congressional Defense Committees on Department of Defense Child Development
Programs 2020, available at: https://securefamiliesinitiative.org/wp-content/uploads/2021/04/Report-on-DoD-Child-
Development-Programs-June-2020.pdf (last visited 3/10/25).
51
Military Childcare, Military-Operated Child Care Programs, available at:
https://public.militarychildcare.csd.disa.mil/mcc-central/mcchome/military-operated-child-care-programs (last visited
3/10/25). BILL: CS/SB 738 Page 13
relating to logistics surrounding health, safety, and risk management, as well as programming
criteria such as parental involvement.
52
Federal law provides that each facility operated by the federal government that hires individuals
to care for children under the age of 18 years must undergo a criminal background check.
53
The background check must be
54
:
• Based on a set of the employee’s fingerprints obtained by a law enforcement officer and on
other identifying information;
• Conducted through the Identification Division of the Federal Bureau of Investigation and
through the State criminal history repositories of all States that an employee or prospective
employee lists as current and former residences in an employment application; and
• Initiated through the personnel programs of the applicable Federal agencies.
DoD Specific Child Care Background Screening Requirements
DoD requires all individuals who have regular contact with children under 18 years of age in a
DoD-sanctioned child care services program must undergo a criminal history background
check.
55
Additionally, individuals must undergo a reverification every 5 years.
56
The DoD initiates a background check for individuals that generally include:
• FBI fingerprint check.
• Installation Records Check (IRC)
• Tier 1 investigation with Child Care Investigation for Non-Sensitive Positions.
• State Criminal History Repository (SCHR) Check.
Child Care Training Requirements
The DoD requires all newly hired CDP personnel and FCC providers to complete 40 hours of
orientation that begins prior to working with children.
57
The orientation includes:
• Working with children of different ages, including developmentally appropriate activities and
environmental observations.
• Age-appropriate guidance and discipline techniques.
• Applicable regulations, policies, and procedures.
• Child safety and fire prevention.
• Child abuse prevention, identification, and reporting.
• Parent and family relations.
• Health and sanitation procedures, including pediatric CPR and first aid.
• Safe infant sleep practices and Sudden Infant Death Syndrome prevention.
52
Military Childcare, Military-Operated Child Care Programs, available at:
https://public.militarychildcare.csd.disa.mil/mcc-central/mcchome/military-operated-child-care-programs (last visited
3/10/25).
53
34 U.S.C. s. 20351
54
34 U.S.C. s. 20351
55
DoDI6060.02, available at: https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/606002p.pdf (last visited
3/10/25).
56
Id.
57
DoDI6060.02, available at: https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/606002p.pdf (last visited
3/10/25). BILL: CS/SB 738 Page 14
• Nutrition, obesity prevention, and meal service.
• Working with children with special needs.
• Accountability and child supervision training.
• For FCC providers only, infant and child CPR and first aid must be completed prior to
accepting children for care. Training shall be updated as necessary to maintain current
certifications.
• For FCC providers only, training in business operations.
Effect of Proposed Language
The bill amends s. 402.316, F.S., to provide an exemption from licensing, except for the
screening of personnel, for a child care facility that solely provides child care to eligible children.
The bill utilizes the same definition of eligible child that is used in s. 402.261, F.S., which refers
to the child or grandchild of an employee of a taxpayer, if such employee is the child’s or
grandchild’s caregiver.
The bill also exempts from licensure a child care facility or a family day care home that is
authorized by the Department of Defense (DoD) or U.S. Coast Guard to provide child care
services and has completed background screening by the DoD and received a favorable
suitability and fitness determination. The exemption does not extend to a child care facility or
family day care home that elects to serve children not eligible for care under the DoD Instruction
6060.02.
The bill gives the Department of Children and Families (DCF) and local licensing agencies
rulemaking authority to administer provisions relating to child care licensure exemptions,
including, but not limited to, assessments of previous licensure history.
Special Assessments
Present Situation
There are 67 county governments
58
and over 400 municipal governments
59
in the state of Florida.
Municipalities levy and collect special assessments to fund capital improvements and municipal
services including, but not limited to, fire protection, emergency medical services, garbage
disposal, sewer improvement, street improvement, and parking facilities.
60
Small municipalities
with a population of fewer than 100 persons may use special assessments to fund special security
and crime prevention services and facilities.
61
Florida law exempts certain properties from special assessments levied by municipalities.
Currently, the following entities are exempt from special assessments:
62
58
Florida Department of State, County Governments, available at: https://dos.fl.gov/library-archives/research/florida-
information/government/local-resources/fl-counties/ (last visited 3/4/25).
59
Florida Department of State, Florida Cities, available at: https://dos.fl.gov/library-archives/research/florida-
information/government/local-resources/fl-cities/ (last visited 3/4/25).
60
Section 170.201(1), F.S.
61
Id.
62
Section 170.201(2), F.S. BILL: CS/SB 738 Page 15
• Property owned or occupied by a religious institution and used as a place of worship or
education;
• Property owned or occupied by a public or private elementary, middle, or high school; or
• Property owned or occupied by a governmentally financed, insured, or subsidized housing
facility that is used primarily for persons who are elderly or disabled.
As of 2023, there were over 8,500 licensed preschools in Florida.
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Effect of Proposed Changes
The bill amends s. 170.201, F.S., to include properties owned or occupied by a preschool to be
included in the exemption from special assessments levied by local governments and
municipalities.
The bill defines a preschool as a child care facility licensed under s. 402.305, F.S.
Other
The bill updates cross references and makes other conforming changes to align statute with the
substantive changes of the language.
The bill provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18(b) of the Florida Constitution provides that, except upon the approval of
each house of the Legislature by a two-thirds vote of the membership, the Legislature
may not enact, amend, or repeal any general law if the anticipated effect of doing so
would be to reduce the authority that municipalities or counties have to raise revenue in
the aggregate, as such authority existed on February 1, 1989. However, the mandates
requirements do not apply to laws having an insignificant impact,
64
which is $2.3 million
or less for Fiscal Year 2025-2026.
65
The bill, in part, limits the authority to collect special assessments on preschools. The
Revenue Estimating Conference determined that this provision in a previous version of
this bill [SB 820 (2024)] would reduce the authority of local governments to raise
revenue by $4.4 million in Fiscal Year 2024-2025 and adjusted to $4.5 million for Fiscal
63
Department of Children and Families, Child Care Provider List 11-1-2024, available at:
https://www.myflfamilies.com/sites/default/files/2023-11/Public%20-%202023-11-1%20-%20Statewide.pdf (last visited
3/4/25).
64
FLA. CONST. art. VII, s. 18(d). An insignificant fiscal impact is the amount not greater than the average statewide
population for the applicable fiscal year multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim
Report 2012-115: Insignificant Impact, (September 2011), available at
http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last visited March 8, 2025).
65
Based on the Demographic Estimating Conference’s estimated population adopted on April 1, 2024; Florida Population
Estimates by County and Municipality Estimate, available at: https://edr.state.fl.us/Content/population-
demographics/data/2024_Pop_Estimates.pdf (last visited March 8, 2025). BILL: CS/SB 738 Page 16
Year 2025-2026. Therefore, this bill may be a mandate requiring a two-thirds vote of the
membership of each house of the Legislature for approval.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
Not applicable. The bill does not impose or raise a state tax or fee which would be subject to
the provisions of Article VII, s. 19 of the Florida Constitution.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill will have a negative indeterminate impact on local government as the bill
reduces the ability of local governments to levy special assessments on preschools. The
Revenue Estimating Conference determined that this provision in a previous version of
this bill [SB 820 (2024)] would reduce the authority of local governments to raise
revenue by $4.5 million for Fiscal Year 2025-2026. The Revenue Estimating Conference
has not yet reviewed the fiscal impact of CS/SB 738, therefore the fiscal impact to local
government is potentially significant.
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C. Government Sector Impact:
The bill will have a significant negative indeterminate fiscal impact on state government.
The bill requires the Department of Children and Families (DCF) to provide online
training coursework to child care personnel at no cost to the student. The DCF currently
contracts with 13 training coordinating agencies (TCA) to administer and coordinate in-
person courses and exams. Currently, TCAs receive training fees paid by child care
personnel and through DCF contracts. TCAs received over $3 million in Fiscal Year
2023-2024 from child care personnel for online coursework and $838,062 through the
66
Email from Steve Gross, Legislative Analyst, Senate Committee on Finance and Tax, to Diane Sneed, Legislative Analyst,
Senate Appropriations Committee on Health and Human Services (Mar. 19, 2025) (on file with the Senate Appropriations
Committee on Health and Human Services). BILL: CS/SB 738 Page 17
DCF contracts. If the TCAs no longer charge child care personnel for the courses, the
cost of the contracts that the DCF has with the TCAs could significantly increase.
67
The
bill also requires the DCF to offer competency exams for child care personnel online. The
DCF estimates that moving to an online exam will have a significant negative
indeterminate fiscal impact on the agency due to the significant cost associated with the
development, procurement and administration of testing. Unless the cost is passed on to
the employee, the DCF would be unable to absorb the cost through existing resources.
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VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 170.201, 402.305,
402.306, 402.3115, 402.316, and 1002.59.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Children, Families, and Elder Affairs on March 12, 2025:
• Amends technical language.
• Requires the DCF to provide background screening results to child care facilities
within three business days upon receipt of the criminal history record check.
• Requires the DCF and local licensing agencies to develop and implement abbreviated
inspections for family day care homes and large family child care homes.
• Removes amendments to s. 627.70161, F.S., which prevented large family child care
homes from experiencing cancelation, denial, or nonrenewal of residential property
insurance solely on the basis of the services provided at the residence.
• Exempts from licensure child care facilities and family day care homes that are
authorized by the U.S. Department of Defense or the U.S. Coast Guard and have
completed proper background screenings and receive favorable suitability and fitness
determinations.
• Authorizes the DCF and local licensing agencies to adopt rules to administer
provisions relating to child care licensure exemptions, including, but not limited to,
assessments of previous licensure history.
67
Florida Department of Children and Families, CS for Senate Bill 738 Analysis, p. 6 (Mar. 10, 2025) (on file with the Senate
Appropriations Committee on Health and Human Services).
68
Florida Department of Children and Families, CS for Senate Bill 738 Analysis, p. 6 (Mar. 10, 2025) (on file with the Senate
Appropriations Committee on Health and Human Services).
BILL: CS/SB 738 Page 18
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.